Discrimination

On October 4, Attorney General Jeff Sessions issued a Memorandum withdrawing the 2014 Memorandum of former Attorney General Eric Holder concerning whether Title VII’s prohibition on sex discrimination included a prohibition on discrimination because of a person’s transgender status. Attorney General Holder concluded it did. Attorney General Sessions concludes it does not. Interestingly, it is a reminder of the purpose of the three branches of government. Congress as the legislative branch drafts our laws. The Attorney General as part of the executive branch is responsible for enforcing those laws. The judicial branch is responsible for interpreting our laws.

Remembering the purpose of each branch is important. At any time, Congress can clarify whether Title VII prohibits discrimination on the basis of a person’s gender identity, transgender status, sexual orientation, etc. Until it does so, members of the executive branch, like the Attorney General, will make decisions as to whether to pursue cases based upon that branch’s interpretation of the law. But, ultimately, the law’s actual interpretation falls to the judicial branch. Continue reading →

On April 18, 2017, President Trump signed his Executive Order on Buy American and Hire American. It is important you read the fine print on this, like so many things these days that are reduced for the purposes of a hashtag.

This is an executive order. It does not apply to private businesses. It is not a law passed by Congress. It applies to the executive branch of the government. Moreover, despite its title, it does not reflect a preference for hiring “Americans” as such a preference would be illegal.

Title VII of the Civil Rights Act – a law passed by Congress in 1964 – prohibits discrimination in employment based upon, among other things, one’s national origin. Continue reading →

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I write this blog for informational purposes (and sometimes amusement purposes). It is not intended to provide legal or other professional advice nor does the transmission of this information create an attorney-client relationship between any attorney of the Firm and the reader. If you seek legal advice or assistance, please consult with a competent attorney familiar with the applicable laws. If you wish to initiate possible representation by an attorney with our Firm, please call the attorney of your choice. You will be advised of our processes to avoid conflicts of interest and requirements of our letter of engagement prior to the commencement of representation.